§ 3-7-208. SEVERABILITY.

(a)

In general. If a section, paragraph, sentence, clause, phrase, or word of a regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the invalidity or unconstitutionality may not affect any of the remaining words, phrases, clauses, sentences, paragraphs, or sections of the regulation unless:

(1)

The section, paragraph, sentence, clause, phrase, or word of the regulation is subject to a provision that prohibits severability under this section; or

(2)

The court finds that the remaining valid provisions alone are incomplete and incapable of being carried out in accordance with the purpose of the regulation.

(b)

Removal of provisions. With the consent of the County Attorney, a department or office may remove from the code of county regulations a provision of a regulation that a court of competent final jurisdiction has declared to be unconstitutional or in conflict with county, state, or federal law.

(1988 Code, §§ 2-418, 2-422) (Bill No. 88-1990, § 2, 8-13-1990; Bill No. 31-99, § 3, 7-1-2004)